Magna Carta
Charter to which subscribed King John of England on June
12, 1215 in which a basic set of limits were set on
the King's powers.
King John had ruled tyrannically. His barons rebelled and
committed themselves to war with King John unless
he agreed to the Charter.
Held to be the precursor of habeas corpus as Article 39 of
the Magna Carta held that no man shall be "imprisoned, exiled
or destroyed ... except by lawful judgment of his peers or by
the law of the land".
Maintenance
Refers to the obligation of one person to contribute, in
part or in whole, to the cost of living of another person.
Maintenance
is usually expressed in a currency amount per month as in "$450
a month maintenance." Some countries prefer the words "support" (spousal
or child) or "alimony" but they all mean the same
thing.
Malfeasance
Doing something which is illegal. Compare with misfeasance
and nonfeasance.
Malpractice
Defense
the area of law that focuses on representing those professionals
who have been accused of negligence, misconduct, lack
of ordinary skill, or a breach of duty in the performance
of
a professional
service (medicine, law, etc.) resulting in injury or loss.
Mandamus
A writ which commands an individual, organization (eg.
government), administrative tribunal or court to perform
a certain action,
usually to correct a prior illegal action or a failure
to act in the first place.
Manslaughter
Accidental homicide or homicide which occurs without
an intent to kill, and which does not occur during
the commission
of
another crime or under extreme provocation.
MAO
Medical Assistance Only
Maritime
law
A very specific body of law peculiar to transportation
by water, seamen and harbors.
Marriage
The state-recognized, voluntary and exclusive
contract for the lifelong union of two persons.
Most countries
do not
recognize marriage between same-sex couples
or polygamous marriages.
Massachusetts trust
A unique way to organize a business where the
property is bought by, or transferred to, a
trustee (such
as a trust
company) and
the trustee issues trust "units",
which the investors, or their designates, hold
as beneficiaries. This is a common
way to structure a large real estate purchase.
Matrimony
The legal state of being married. Ecclesiastics
talk of the "holy" state
of matrimony.
Mediation
a process of non-binding intervention between
parties to promote resolution of a grievance,
reconciliation,
settlement,
or
compromise outside of the court system (see
also mediation and alternative
dispute resolution).
Medicaid
Program
federally funded medical support for low
income families
Medical
Support
legal provision for payment of medical
and dental bills
Mens
rea
Latin for "guilty mind." Many serious crimes require
the proof of "mens rea" before
a person can be convicted. In other
words, the prosecution must prove
not only that the
accused committed the offence but
that he (or she) did it knowing that
it was prohibited; that their act
(or omission) was done with
an intent to commit a crime.
Mergers & Acquisitions
the area of law that involves the
acquisition of or merging of a corporation
of one
or more others
and/or
any of various
methods
of combining two or more organizations.
Military
Law
law that is enforced by the military
rather than civil authority.
Minor
A person who is legally underage.
It varies between 21 and 18
years of age.
Each state
sets an age
threshold at which
time a
person is invested with all
legal rights as an adult. For many new
adults, this
may mean
access
to places
serving
alcohol and
the right to purchase and consume
alcohol, smoke cigarettes and
drive a car. But
there are many
other legal rights
which
a minor
does not have such as, in some
states, the right to own land,
to sign a
contract or
to get married.
Minutes
The official record of a meeting.
Some minutes include a summary
(not verbatim)
of the
discussion along
with any
resolutions.
Other minutes just contain
a record of the decisions. Minutes
start
off with the name of the organization,
the place and date of the
meeting and the name
of those
person's present. Minutes
are prepared by the corporate secretary
and signed
by either the
president
or secretary.
Miranda
warning
Also known as the "Miranda Rule, this is the name given
to the requirement that
police officers, in the U.S.A., must warn
suspects upon arrest that
they have the right to remain silent, that any statement
that they make could be used against them
in a court of law, that
they have the right to contact a lawyer and
that if they cannot afford
a lawyer, that one will be provided before any questioning
is so desired. Failure to issue the Miranda
warning results in the evidence
so obtained to not be admissible in the court. The warning
became a national police requirement
when ordered by the US Supreme
Court in the 1966 case Miranda v. Arizona and that is how
it got the name.
Mis-joinder
When a person has been named
as a party to a law suit
when that
person
should
not have
been
added.
When
this is asserted,
a court
will usually accommodate
a request to amend the
court documents
to strike, or substitute
for,
the name of
the mis-joined
party. Compare with non-joinder.
Misdemeanor
(USA) A crime of lesser
seriousness than a felony
where the punishment
might be
a fine
or prison
for less than
one year.
Misfeasance
Improperly doing something
which a person has
the legal right
to do.
Compare with
malfeasance and
nonfeasance.
Misrepresentation
A false and material
statement which
induces a party
to enter into a
contract. This
is a ground
for rescission
of the contract.
Mistrial
A partial or complete
trial which is
found to be null
and void and
of no
effect because
of
some irregularity.
The
sudden end
of trial before
it would ordinarily
end
because
of some reason
which invalidates it.
Once a mistrial
is
declared,
the situation
is as if the trial
had never occurred.
Some
common reasons
for a mistrial
include a
deadlocked jury,
the death
of a juror or
a serious procedural
and prejudicial
mistake made at
the trial which
cannot
be corrected.
Mitigating
circumstances
These are facts
that, while
not negating
an offence
or wrongful
action,
tend to show
that the defendant
may have
had some
grounds for
acting
the way he/she
did. For
example, assault,
though
provoked,
is still assault
but provocation
may constitute
mitigating
circumstances
and allow for
a
lesser sentence.
Mitigation
of damages
A person who
sues another
for damages
has a responsibility
to minimize
those damages,
as
far as reasonable.
For example,
in a wrongful
dismissal
suit, the
person that
was fired
should make
some
effort to
find another
job so as
to minimize
the economic
damage on
themselves.
Modus
operandi
Latin: method
of operation.
Used
by law enforcement
officials
to refer
to a criminal's
preferred
method of
committing
crime. For
example,
car thief "George" may have a break and
enter technique
that leaves a long scratch mark on the door. Upon discovery
of a stolen vehicle with such a mark, the law enforcement
officials
might include "George" in the list of suspects
because
the evidence at the crime scene is consistent with his "modus
operandi."
Moiety
Half of
something.
For example,
it can
be said that
joint
tenants
hold a
moiety in
property.
In old
criminal
law,
there
were "moiety
acts" which
allowed
half of
the fine
money
to be
handed
over to
the informer.
Monopoly
A commercial
advantage
enjoyed
by only
one
or a select
few
companies
in which
only
those
companies
can
trade in a certain
area.
Some
monolopoies are legal,
such
as those
temporarily
created
by patents.
Others
are
secretly
built
by conspiracy
between
two
or more
companies
and
are prohibited
by law.
Moot
Also
called
a "moot
point":
a
side
issue,
problem
or
question
which
does
not
have
to
be
decided
to
resolve
the
main
issues
in
a
dispute.
Moot
court
Fictional
or hypothetical
trial, usually
hosted by
law schools,
as training
for future
barristers or
litigators.
Moratorium
The
temporary suspension
of legal
action against
a person.
Mortgage
An
interest given
on a
piece of
land, in
writing, to
guarantee the
payment of
a debt
or the
execution of
some action.
It automatically
becomes void
when the
debt is
paid or
the action
is executed.
In some
jurisdictions, it
entails a
conveyance of
the land
until the
debt is
paid in
full. The
person lending
the money
and receiving
the mortgage
is called
the mortgagee;
the person
who concedes
a mortgage
as security
upon their
property is
called a
mortgagor.
MOU
Abbreviation
for "Memorandum of Understanding." A
document which, if meeting the other criteria, can
be, in law, a contract.
Generally, in the world of commerce or international
negotiations, a MOU is considered to be a preliminary
document; not a comprehensive
agreement between two parties but rather an interim
or partial agreement on some elements, in some cases
a mere agreement in
principle, on which there has been accord. Most MOU's
imply that something more is eventually expected.
MSFIDM
Multistate
Financial Institution
Data Match
MSO
Monthly
Support Obligation
Murder
Intentional
homicide (the
taking of
another person's
life), without
legal justification
or provocation. |
